Neutral Citation No. - 2025:AHC:22268 Court No. - 32 Case :- WRIT - C No. - 3168 of 2025 Petitioner :- Rohilkhand Medical College And Hospital, Bareilly Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Ashish Kumar Singh,Mohit Singh Counsel for Respondent :- A.S.G.I.,Vivek Kumar Singh Hon'ble Saral Srivastava,J. 1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Ashish Kumar Singh, learned counsel for the petitioner and Sri Vivek Kumar Singh, learned counsel for the respondent no.2. 2. The petitioner by means of the present writ petition has assailed the order dated 03.05.2024 passed by respondent no.2-National Medical Commission, Medical Assessment and Rating Board (MARB) Post Graduate Section, Order dated 21.10.2024 passed by the Appellate Authority and the order dated 24.12.2024 passed by the Second Appellate Authority, Ministry of Health and Welfare, Government of India. 3. The only contention advanced by Sri Ashok Khare, learned Senior Counsel appearing for the petitioner is that the order dated 24.12.2024 passed by the Second Appellate Authority is without application of mind and bereft of any reason. It is submitted that since the impugned order is non-speaking and without application of mind, therefore, the impugned order cannot be sustained in law. 4. Be that as it may, the sole finding which has been returned by the Second Appellate Authority is in paragraph no.8, is reproduced herein-below:- "8. The documents and submissions made by the appellant have been considered by the Central Government. The Central Government after due examination has decided to reject the 2nd Appeal by Rohilkhand Medical College & Hospital, Bareilly, Uttar Pradesh for starting of M.Ch. (Surgical Oncology) course with 04 seats for the academic year 2024-25." 5. Perusal of paragraph no.8 of the order of the Second Appellate Authority discloses that no reason whatsoever has been recorded by the Second Appellate Authority while recoding a finding that the document and submission advanced by the petitioner are not sustainable in law. 6. Since, the order impugned does not reflect any application of mind by the Second Appellate Authority while rejecting the appeal of the petitioner, therefore, the impugned order cannot be sustained in law being non-speaking and without any reason. 7. Learned counsel for the respondent also could not not demonstrate from the impugned order passed by the Second Appellate Authority that it has recorded any reason while rejecting the appeal of the petitioner. In such view of the fact, the impugned order dated 24.12.2024 passed by the Second Appellate Authority cannot be sustained in law. Accordingly, the impugned order dated 24.12.2024 passed by the Second Appellate Authority is hereby set aside. The matter is remitted to the Second Appellate Authority, respondent no.1, to decide the appeal of the petitioner afresh expeditiously preferably within a period of one month from the date of production of a certified copy of this order. 8. Consequently, the writ petition stands allowed with no order as to costs. Order Date :- 17.2.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad